THE ANGLICAN SCHOOLS COMMISSION ENTERPRISE AGREEMENT 2012

Transcription

1 THE ANGLICAN SCHOOLS COMMISSION ENTERPRISE AGREEMENT 2012 AG 22 OF 2013

2 1 - TITLE This Agreement shall be known as the Anglican Schools Commission Enterprise Agreement 2012 and shall replace the Anglican Schools Commission (Enterprise Bargaining) Agreement Title 2. Arrangement 3. Parties to the Agreement 4. Scope of Agreement 5. Date and Duration of Agreement 6. Expiration of Agreement 7. Objectives of the Agreement 8. Definitions 9. Contract of Service 10. Personal Leave 11. Leave Without Pay 12. Holidays and Vacation Leave 13. Long Service Leave 14. Bereavement Leave 15. Parental Leave 16. Special Leave 17. Salary Rates 18. Agreed Efficiency Improvements 19. Right of Entry 20. Protective Clothing 21. Travelling Allowance 22. Salary Records 23. Inspection of Records 24. Superannuation 25. Redundancy 26. Salary Packaging 27. Professional Responsibilities 28. Consultation 29. Dispute Resolution Procedure 30. No Further Claims 31. No Precedent 32. Signatories 2 - ARRANGEMENT Appendix 1 1. Teacher Appraisal 2. Induction Appendix 2 Salary Step Progression

3 3 - PARTIES TO THE AGREEMENT This Agreement is made between the Anglican Schools Commission (the ASC) and the Independent Education Union of Western Australia, Union of Employees (the IEUWA. 4 - SCOPE OF AGREEMENT (1) This Agreement shall apply to all teachers employed by the Anglican Schools Commission in Western Australia, within the scope of the Independent Schools Teachers Award 1976 (the award) who are members or are eligible to be members of the IEUWA. (2) This Agreement provides for all conditions contained in the Independent Schools Teachers Award (1976). (3) The number of staff covered by this Agreement is 770. (4) Where there is any inconsistency between this Agreement and the Award, this Agreement will prevail to the extent of the inconsistency. 5 - DATE AND DURATION OF AGREEMENT This Agreement shall come into effect on the date on which it is registered in the Western Australian Industrial Relations Commission and shall expire 3 years from the date of registration. The parties agree to meet in the first term after the expiry of the Agreement, or such other date as they agree, to review the Agreement. 6 - EXPIRATION OF AGREEMENT On expiration of this Agreement and in the absence of the registration of a subsequent enterprise agreement, the provisions of this Agreement shall continue to apply until such time as a new Agreement is registered and takes effect. 7 - OBJECTIVES OF THE AGREEMENT The nature and purposes of this Agreement are to: (1) consolidate and develop further, initiatives arising out of the award restructuring process; (2) accept a mutual responsibility to maintain a working environment which will ensure that the Schools and their teachers become genuine participants and contributors to the aims, objectives and philosophy of the Schools and the ASC; (3) recognise the professional and personal qualities of teachers which enable them to create conditions which are conducive to learning and which foster the development of the individual student; (4) safeguard and improve the quality of teaching and learning by emphasising the upgrading of professional skills and knowledge. The Schools and their teachers acknowledge that this upgrading of skills and experience can best occur when both the Schools and teachers share responsibility for professional development by

4 undertaking both in-service and external courses and training partly during school time and partly during the teacher s time; (5) acknowledge that Anglican Community Schools are established and operated to give access to affordable Christian education in the Anglican tradition to as wide a cross-section of the community as possible. In acknowledging this purpose, the ASC, its Schools and their staff undertake to make provisions where practicable for children with special needs; to facilitate the constructive involvement of parents in the life of the Schools; to deliver appropriate educational programs, and to support the Christian ethos of the Schools; (6) acknowledge that each School is managed locally within the ASC s policy framework and is expected to respond appropriately to the needs of its school community DEFINITIONS (1) "Teacher" shall mean any person employed on the teaching staff of an ASC school but does not include the Deputy Principal or the Principal. (2) "Part-time Teacher" shall mean a teacher employed regularly on the staff of an ASC school and who works less than the normal hours that a full-time teacher is required to work. (3) "Temporary Teacher" shall mean a teacher engaged as full-time or part-time as a replacement teacher or such other purpose as may be required to fulfil the teaching obligations of the school, provided that the period of engagement of a temporary teacher shall be not less than twenty consecutive working days and not more than a period of twelve months, except where the substantive teacher on unpaid leave is granted an extension the temporary teacher s engagement may be extended for the period of this extension. (4) "Relief Teacher" shall mean a teacher employed part-time or full-time on a daily or half daily basis for a period not exceeding nineteen consecutive days in the same school. (5) "Promotional Position" shall mean a position which involves: the supervision of other members of staff and/or administrative duties in excess of those usually required of a teacher in an Independent School and/or pastoral care duties or any other Promotional Position responsibilities in excess of those usually required of a teacher in an Independent School.

5 (6) Continuous Service shall include full-time, part-time and temporary service, paid leave and unpaid leave of less than two (2) consecutive weeks, within ASC Schools in Western Australia. (7) Limited Authority to Teach shall mean a teacher given a Limited Authority to Teach by the Teachers Registration Board Western Australia. (8) Immediate family of the teacher shall mean: the spouse or defacto spouse of a teacher; the child, grandchild or step-child of a teacher; the parent, step-parent, grandparent or parent-in-law of a teacher; the brother or sister of a teacher or the brother or sister of the teacher s spouse or the brother or sister of the defacto spouse of a teacher. (9) An Anglican Schools Commission school, shall mean Esperance Anglican Community School, Frederick Irwin Anglican School, Georgiana Molloy Anglican School, John Septimus Roe Anglican Community School, John Wollaston Anglican Community School, Peter Carnley Anglican Community School, Peter Moyes Anglican Community School and St Mark s Anglican Community School, Swan Valley Anglican Community School and any additional school which is administered by the ASC in WA(the Schools) CONTRACT OF SERVICE (1) A teacher shall, upon engagement, be given a letter of appointment in which the general conditions and the special conditions (if any) of his/her appointment are stated. A copy of that letter shall be retained by the school and signed by the teacher within one week of commencing work. This subclause shall not apply to a relief teacher. The conditions stated in the letter of appointment shall, while the employment continues, be observed by the parties and shall not be subject to any alteration of significance without the consent of the teacher. Paragraph of this subclause does not authorise the inclusion in a letter of appointment of any provision which is inconsistent with or contrary to any provision of this Agreement. (2) Except in the case of relief or temporary teachers, the termination of the service of a teacher shall require a minimum of six weeks' notice by either party to take effect from the close of school business at the end of school term. Failure to give the required notice shall make that party liable to forfeiture of or payment to the other party of an amount equivalent to six weeks' pay or an amount equivalent to that period of notice not given or served. Provided that the requirements of this subclause may be waived in part or whole by mutual agreement between the teacher and the employer. (3) The contract of service of a temporary teacher shall be terminable at any time by either party giving not less than one (1) weeks notice, save that in the case of continuous service exceeding one (1) year, notice shall be as prescribed in subclause (2) of this clause.

6 (4) The engagement of a relief teacher shall be by the day or half day and where the period exceeds five consecutive days the notice shall be one day. Where the employment is for five consecutive days or less the engagement shall be considered to be a specific period and notice shall not be required. (5) A part-time teacher shall receive payment for sick leave, long service leave and vacation leave on a pro-rata basis in the proportion that his/her hours of work bear to the hours of a full-time teacher. (6) Upon termination a statement of service and a separate reference when requested by the teacher shall be provided to the teacher by the employer. (7) Nothing within this clause detracts from the employer's right to dismiss summarily any teacher for serious misconduct in which case salary shall be paid up to the time of dismissal only. 10. PERSONAL LEAVE (1) A teacher who is unable to attend or remain at the place of employment during the normal hours of duty by reason of personal ill health or injury, or they are absent because they are providing care or support to a member of their immediate family or a member of his/her household due to an illness or unexpected emergency affecting that person, shall be entitled to payment during such absence in accordance with the following provisions. Entitlement to payment shall be twelve and one half day s pay for each completed year of service. Such leave will accrue on a weekly basis. A teacher who was actually engaged for all four terms in a calendar year shall be entitled to a year s entitlement. (i) A teacher who claims an entitlement under this clause due to ill health or injury shall provide to the employer evidence that would satisfy a reasonable person of the entitlement. (ii) A teacher shall, wherever practicable, give the employer notice prior to the absence, of the intention to take leave due to an illness or unexpected emergency affecting a member of his/her immediate family or member of his/her household, the name of the person requiring care and his/her relationship to the teacher, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the teacher to give prior notice of absence, the teacher shall notify the employer by telephone of such absence at the first opportunity on the day of absence If in the first of successive years of service with the employer, a teacher is absent on personal leave for a period longer than his/her entitlement to paid personal leave, payment may be adjusted at the end of that year of service, or at the time the teacher's services terminate, if before the end of that year of service, to the extent that the teacher has become entitled to further paid personal leave during that year of service.

7 (2) A temporary teacher shall retain the benefit of accumulated personal leave on appointment as a permanent teacher provided that the service is continuous. For the purpose of this paragraph school vacations shall not be deemed to break the continuity of service. (3) The unused portions of the entitlement to paid personal leave in any one year shall accumulate from year to year and subject to this subclause may be claimed by the teacher if the absence on personal leave exceeds the period for which entitlement has accrued during that year at the time of the absence. Provided that a teacher shall not be entitled to claim payment for any period exceeding thirteen weeks in any one year of service. (4) Where a teacher has no entitlement to paid personal leave a teacher shall be entitled to unpaid personal leave, for the purposes of providing the care or support referred to above. (5) A teacher on paid leave shall accrue an entitlement to payment under this clause. (6) Where a teacher has no entitlement to paid personal/sick leave a teacher shall be entitled to two (2) unpaid days for the purposes of carer s leave. (7) Accrued personal leave entitlements are portable between ASC schools (8) The provisions of this subclause with respect to payment do not apply to teachers who are entitled to payment under the Workers' Compensation and Rehabilitation Act 1981 nor to teachers whose injury or illness is the result of the teacher's own misconduct. (9) Such leave shall not prejudice a staff member s rights to Special Leave in accordance with the provisions of Clause Special Leave of this agreement. 11. LEAVE WITHOUT PAY (1) While a teacher has the right to apply for leave without pay the granting of such leave is at the discretion of the employer. (2) A teacher applying for leave under this clause must state the period of such leave and the reason for which the leave is being sought. (3) Leave without pay does not involve loss of continuity of service for salary, sick leave and long service leave purposes. Any period exceeding two weeks during which the teacher is absent on leave without pay shall not be taken into account in calculating the period of service for any purposes of this Agreement. In the case of leave without pay, which exceeds eight weeks in a continuous period, the entire period of that leave is excised in full. (4) If a teacher is granted leave without pay the question of the teacher's specific duties on return to work should be considered before the granting of such leave and any arrangements made documented. If no prior arrangement is made a teacher upon return to service shall be entitled to a position commensurate with the position held immediately prior to the commencement of such leave.

8 (5) The maximum period for which leave is granted under this clause shall be one year HOLIDAY AND VACATION LEAVE (1) Except as hereinafter provided, a teacher shall be allowed the holidays granted by the school in which he/she is employed, including term and Christmas vacations, without deduction of pay. (2) If after one week s continuous service in any calendar year a teacher lawfully terminates his/her employment or his/her employment is terminated by the employer through no fault of the teacher, the teacher shall be granted salary instead of vacation leave proportionate to his/her length of service. Provided that a teacher who was actually engaged for all four terms in that calendar year shall be entitled to be paid for the whole of the vacation period of that year. (3) Where a teacher has been paid for leave, which at the time of termination has not been fully accrued, the employer may deduct from any monies owed that portion to which the teacher is not entitled. Where the employment of a teacher is terminated by the employer prior to the attainment of the accrued vacation leave, then the provisions of this subclause shall not apply. (4) A teacher on approved paid leave, shall accrue an entitlement to payment under this clause. (5) A teacher who is justifiably dismissed for serious misconduct shall not be entitled to the benefits of the provisions of this clause. (6) A leave loading equivalent to 17.5 per cent of four weeks' salary shall be paid to a teacher, including a part-time and temporary teacher, who has completed twelve months' continuous service with the employer or who has been employed for all four terms in a calendar year. The loading shall be paid in the final pay in December of that year. If the service of a teacher commences after the beginning of first term in a calendar year then by agreement between the employer and the teacher, the leave loading may be paid, proportionate to the length of service in that year, in December of that year LONG SERVICE LEAVE (1) As from 1 January 1998, a teacher s entitlement to paid long service leave for each year of service within Anglican Schools Commission schools, will accrue at the rate of 1.43 weeks per year of service. (2) Subject to sub clause (5) of this clause, a teacher who has accrued an entitlement of leave corresponding to a complete term shall be entitled to take such leave. (3) For any service prior to the 1st January 1998, the provisions of long service leave shall be that which is prescribed under the terms of the Independent Schools Teachers Award (1976). (4) The process required for the taking of leave shall be as follows:

9 the employer shall advise the teacher of his/her impending entitlement to take long service leave prior to the completion of term three in the year preceding the entitlement becoming due; the teacher shall advise the employer no later than the commencement of term four of the preceding year of their intention or otherwise to take leave; where an agreement has been reached for the taking of long service leave and circumstances arise that necessitates an adjustment of such leave, then any request for the adjustment shall not be unreasonably withheld. (5) Where the continuous service of a teacher during the period of accrual contains any period which is less than full time then that teacher s entitlement shall be calculated as follows; the number of weeks accrued shall be in accordance with subclause (1) above; and payment for the period accrued shall be the average that the teacher s hours bears to that of a full time teacher over the accrual period. (6) The teacher continues to accrue long service leave entitlement for any period during which the teacher is absent on full pay from his/her duties; long service leave does not accrue for any period exceeding two weeks during which the teacher is absent on unpaid leave. (7) For the purposes of calculating long service leave entitlement: (i) (ii) (iii) where the employer terminates the teacher s employment and re-employs the teacher within 2 school terms the employer shall recognise all prior service with the school. where a teacher resigns and is re-employed within 2 school terms the recognition of any prior service with the school and the entitlement associated with that service shall be at the discretion of the Principal and confirmed in writing at the time of re-employment. such a break in service shall be deemed to be leave without pay for the purposes of calculating that teacher s entitlement. (8) Vacation leave observed by the school shall count for the purposes of calculating a teacher s entitlement to long service leave. (9) Any public holiday which occurs during the period a teacher is on long service leave shall not be treated as part of the long service leave and extra days in lieu thereof shall be granted. (10) Where a teacher has become entitled to a period of long service leave in accordance with this clause, the teacher shall commence such leave within two (2) years of the entitlement accruing, unless mutually agreeable arrangements have been made between the teacher and the Principal by one of the following options: as a term with the excess entitlement being retained as unused accrued long service leave; or as a semester, with approved leave without pay for that portion which exceeds the fully accrued long service leave entitlement; or

10 (e) with the agreement of the employer, as a term with the excess entitlement being paid in lieu; or with the agreement of the employer, a lesser period may be taken than that prescribed in this subclause. where a period of leave of less than 2 weeks is being requested the requirements of sub clause (4) of this clause do not apply. (Notation: For the purposes of this subclause a semester is defined as school terms 1 and 2 or 3 and 4.). (f) Having made reasonable attempts to organise mutually agreeable arrangements without success, the teacher may at the discretion of the employer be instructed to take the leave during the following year. Such discretion will not be exercised harshly or unfairly. (11) Payment for long service leave shall be made in full before the teacher goes on leave, or by agreement between the teacher and the employer at the same time as the teacher s salary would have been paid if the teacher had remained at work. (12) Where a teacher has completed at least 5 continuous years of service and employment is terminated by the teacher s death; or in any circumstances, other than serious misconduct the amount of leave shall be such as has accrued under the provisions of subclause (1) of this clause. (13) In the case to which subclause (12) of this clause applies, and in any case in which the employment of the teacher who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the employer shall : upon termination of employment otherwise than by death, pay to the teacher; or upon termination of employment by death, pay to the authorised representative of the teacher, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder. (14) Accrued Long Service Leave entitlements are portable between ASC schools. (15) Where a teacher is ill during a period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence that would satisfy a reasonable person that as a result of illness or injury the teacher was confined to their place of residence or a medical facility for a period of at least (14) consecutive calendar days, the employer shall grant sick leave for the period during which the teacher was so confined and reinstate long service leave equivalent to the period of confinement.

11 The period of reinstated leave will not change the return date or extend the current period of long service leave. Entitlement to Bereavement Leave BEREAVEMENT LEAVE (1) Subject to subclause (4) of this clause, on the death of: (e) the spouse or defacto spouse of a teacher; the child, grandchild or step-child of a teacher; the parent, step-parent, grandparent or parent-in-law of a teacher; brother or sister of a teacheror the brother or sister of the teachers spouse or defacto spouse any person who, immediately before that person s death, lived with the teacher as a member of the teacher s family, the teacher is entitled to paid bereavement leave of up to two days. (2) The two (2) days need not be consecutive. (3) Bereavement Leave is not to be taken during a period of any other leave. (4) A teacher who claims to be entitled to paid leave under this section is to provide to the employer, if so requested by the employer, evidence that would satisfy a reasonable person as to: the death that is the subject of the leave sought; and the relationship of the teacher to the deceased person. (1) Eligibility for Parental Leave PARENTAL LEAVE A teacher shall become entitled to take up to 52 consecutive weeks of unpaid leave in respect of: the birth of a child to the teacher or the teacher s spouse; or the placement of a child with the teacher with a view to the adoption of the child by the teacher. an additional period of unpaid leave of up to 52 consecutive weeks can be taken on request (up to a total of 104 consecutive weeks of Parental Leave)

12 (2) A teacher is entitled to take parental leave if he or she: has had at least 12 months continuous service with that employer immediately preceding the date upon which the teacher proceeds upon such leave; and has given the employer at least 10 weeks written notice of his/her intention to take such leave, and the start and finish dates of such leave. a teacher is not entitled to take parental leave at the same time as the teacher s spouse but this subclause does not apply to one week s parental leave: (i) (ii) taken by the male parent immediately after the birth of the child; or taken by the teacher and the teacher s spouse immediately after a child has been placed with them with a view to their adoption of the child. a teacher shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with this subclause, if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Paid Parental Leave From 1 January 2012, an employee with at least two (2) years continuous service in ASC schools in WA, (i) (ii) who gives birth to a child, or is the primary carer for an adopted child who is not the natural child or the step-child of the employee or the employee s partner, is under the age of five (5) and has not lived continuously with the employee for six (6) months or longer and who makes application to take parental leave shall be entitled to 14 weeks paid parental leave as follows. Paid parental leave as provided in this Agreement will count as qualifying service for the purposes of calculating a teacher s annual leave, sick leave and long service leave entitlement under this Agreement. The annual leave accrued during the period of paid parental leave will be paid as a lump sum at the conclusion of the period of paid parental leave. The rate of salary to be applied shall be the teachers weekly rate at the time parental leave commenced.

13 (4) Parental Leave to start 6 weeks before the birth Subject to subclauses (5), (6) and (8) of this clause, the period of parental leave for a female teacher shall be for an unbroken period of up to 52 weeks and shall include up to six weeks' leave to be taken immediately before the presumed date of confinement, unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the teacher is fit to work. (5) Transfer to a Safe Job Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the teacher make it inadvisable for the teacher to continue at her present work, the teacher shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attached to that job until the commencement of parental leave. If the transfer to a safe job is not practicable, the teacher may, or the employer may require the teacher to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as parental leave for the purposes of subclauses (9), (10), (11) and (12) of this clause. (6) Variation of Period of Parental Leave The period of parental leave may be lengthened by agreement between the teacher and the employer in accordance with the provisions of Clause Leave Without Pay of this Agreement. The period of parental leave may be shortened by agreement between the teacher and the employer. (7) Cancellation of Parental Leave Parental leave, applied for but not commenced, shall be cancelled when the pregnancy of a teacher terminates other than by the birth of a living child. Subject to paragraph of this subclause, where the pregnancy of a teacher then on parental leave terminates other than by the birth of a living child, it shall be the right of the teacher or teacher s spouse to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the teacher to the employer that he or she desires to resume work. A teacher's right to resume work within the period specified in paragraph of this subclause shall be subject to the practicality of enabling the teacher to resume within that period, but in any case that limitation shall not be invoked to extend the period of leave beyond the date originally agreed to.

14 Where the teacher s resumption is delayed, he or she may undertake temporary employment with another employer without affecting his or her contract of service with the school from which he or she took parental leave. (8) Special Parental Leave and Sick Leave Where the pregnancy of a teacher or a teacher s spouse not then on parental leave terminates after twenty-eight weeks other than by the birth of a living child then: (i) (ii) the teacher shall be entitled to such period of unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the teacher s return to work; or for illness other than the normal consequences of confinement the teacher shall be entitled, either instead of or in addition to special parental leave, to such paid sick leave as to which the teacher is then entitled and which a duly qualified medical practitioner certifies as necessary before the teacher returns to work. Where a teacher not then on parental leave suffers illness related to the teacher s pregnancy, the teacher may take such paid sick leave as to which the teacher is then entitled and such further unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before the teacher returns to work. For the purposes of subclauses (10), (11) and (12) of this clause, parental leave shall include special parental leave. A teacher returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which the teacher held immediately before proceeding on such leave or, in the case of a teacher who was transferred to a safe job pursuant to subclause (5) of this clause, to the position the teacher held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the teacher is qualified and the duties of which the teacher is capable of performing, the teacher shall be entitled to a position as nearly comparable in status and salary or wage to that of the teacher s former position. (9) Parental Leave and Other Leave Entitlements A teacher may take, in conjunction with or in addition to parental leave, any annual leave or long service leave or any part thereof to which the teacher is then entitled.

15 Paid sick leave or other paid authorised absences (excluding annual leave or long service leave), shall not be available to a teacher during the teacher s absence on parental leave. (10) Effect of Parental Leave on Employment Notwithstanding any provision to the contrary, absence on parental leave shall not break the continuity of service of a teacher but shall not be taken into account in calculating the period of service for any purpose of this Agreement. Except that a teacher will accrue annual leave, sick leave and long service leave entitlement during the period of paid parental leave as provided in clause (3). (11) Termination of Employment A teacher on parental leave may terminate his or her employment at any time during the period of leave by notice given in accordance with this Agreement. An employer shall not terminate the employment of a teacher on the grounds of the teacher s pregnancy or of the teacher s absence on parental leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (12) Return to Work A teacher shall confirm their intention to return to work in writing to the employer not less than 6 term weeks prior to the expiration of parental leave. Provided that if a teacher returning to work requests to return in a capacity other than that which he/she held prior to going on parental leave, then this request must be received in writing and discussed with the employer at least one full term before the expected date of return. Provided the requirements of subclause above have been met, a teacher shall be entitled to a position commensurate with the teacher s qualifications, experience, status and previous classification. By agreement between the teacher and the Principal a teacher may work part-time in one or more periods any time after the completion of the period of paid Parental Leave until the commencement of the year following the child s fifth birthday, provided that the employer may refuse the request for part time work on reasonable grounds. The employer will provide a written response to any request for part time work and in the case of a refusal will provide reasons for the refusal. Before commencing a period of part-time employment under this sub clause the employer and the teacher shall agree in writing: (i) that the teacher may work part-time; (ii) the hours to be worked by the teacher, the days upon which they will be worked and the commencing and finishing times for the work; (iii) the period of part-time employment.

16 (e) (f) Where a teacher seeks to return to work part time after a period of parental leave, their employment status shall remain ongoing and their written contract will reflect this. A Teacher shall remain entitled to return to their substantive ongoing teaching position until the commencement of the year following the child s fifth birthday. The decision to offer part time work is at the sole discretion of the employer and is subject to the availability of a part-time position within the school. The provision of part time work will be on an interim basis and will cease no later than the end of the school year in which the child turns five. (13) Replacement Teachers (e) A replacement teacher is a teacher specifically engaged as a result of a teacher proceeding on parental leave. Before an employer engages a replacement teacher under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the teacher who is being replaced. Before an employer engages a person to replace a teacher temporarily promoted or transferred in order to replace a teacher exercising his or her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the teacher who is being replaced. Nothing in this subclause shall be construed as requiring the employer to engage a replacement teacher. A replacement teacher shall not be entitled to any of the rights conferred by this clause except where his/her employment continues beyond the twelve months qualifying period. 16. SPECIAL LEAVE (1) The Employer will upon sufficient cause being shown, grant an employee special leave on full pay not exceeding three (3) working days in any one (1) calendar year, subject to the following provisions. (2) Special leave can only be taken for matters: of a personal and pressing nature; and which arise with little or no notice; and which require immediate attention; and that cannot reasonably be conducted outside normal business hours.

17 (3) An employee can take more than one (1) day at any one time of special leave, subject to the discretion of the employer and taking the circumstances of the employee into consideration. (4) Notification of a request for special leave is to be made as soon as is practicable. (5) An employee may be required by the Employer to provide an explanation of the reasons for taking special leave. (6) Failure to notify the Employer as soon as is practicable will result in this leave being treated as absent without leave. (7) Special leave entitlements do not accrue from year to year (8) The Principal s discretion is not to be harshly or unfairly exercised SALARY RATES (1) The ASC is committed to maintaining salary parity in general terms with the Department of Education of Western Australia. By this agreement it further agrees to maintain ASC salaries at a margin of 2.5% above the comparable Department of Education of Western Australia rates. In the event that the ASC believes it is unable to meet its obligations under this clause, it shall notify the IEUWA and the parties will reconvene the bargaining unit for the purpose of reviewing salaries and allowances. Step (2) On and from the date of Agreement the minimum annual rate of salary payable to teachers engaged in the classifications prescribed in this Clause shall be: From 9 Dec % Leave Loading Total Salary inclusive of Leave Loading From 1 Dec % Leave Loading Total Salary inclusive of Leave Loading From 1Dec % Leave Loading Total Salary inclusive of Leave Loading $ $ $ $ $ $ $ $ $ *1 $60, ,553 $63, ,015 $65, ,736 2 $64, ,474 $67, ,093 $70, ,988 3 $70, ,654 $73, ,521 $76,660 1,029 77,689 4 $73, ,464 $76,417 1,026 77,443 $79,665 1,070 80,735 5 $76,357 1,025 77,382 $79,412 1,066 80,478 $82,788 1,112 83,900 6 $79,352 1,065 80,417 $82,527 1,108 83,635 $86,035 1,155 87,190 7 $82,460 1,107 83,567 $85,759 1,151 86,910 $89,404 1,200 90,604 8 $85,693 1,151 86,844 $89,121 1,197 90,318 $92,909 1,247 94,156 9 $89,051 1,196 90,247 $92,614 1,243 93,857 $96,551 1,296 97, $92,543 1,242 93,785 $96,245 1,292 97,537 $100,336 1, ,683 Leave loading shall be paid in the final pay in December of that year.

18 (e) On appointment, a teacher shall be placed at the appropriate salary level according to qualifications and teaching experience in Australia. Recognition of qualifications and experience other than that outlined in this clause shall be determined by agreement between the employer and the teacher. On application by the teacher and by agreement with the employer, salary may be deemed to include an amount which is paid on behalf of the teacher into an approved Superannuation fund nominated in accordance with the provision of Clause Superannuation of this Agreement, and not being an employer contribution to superannuation paid in accordance with Superannuation Guarantee (Administration) Act 1992, Federal legislation or an employer s contributory superannuation fund. A copy of any agreement reached in accordance with paragraph of this subclause shall be attached to the salary record of the teacher concerned. For the purposes of determining weekly or fortnightly salary, the annual salaries as prescribed in this subclause, shall be divided by or respectively or by 12 if monthly. (3) In determining the appropriate minimum salary level, on appointment the following will apply: (i) A two-year or three-year trained teacher holding a Teacher's Certificate or a teacher holding a University Degree (other than Bachelor of Education) but not a Teacher's Certificate shall be placed at Step 1 of the schedule in this sub clause in their first year and proceed to Step 2 on completion of one year of service: 9 Dec Dec % 1 Dec % 1 $55,118 $57,323 $59,759 2 $57,299 $59,591 $62,124 (ii) When a Teacher has completed 2 years service he or she will convert to the Teachers salary scale of Subclause (2) of this clause. They will commence at Step 1, and proceed by annual increments to and including Step 10. A Teacher holding a: University Degree and Diploma of Education; or University Degree and Teacher's Certificate; or Bachelor of Education Degree; Shall be deemed to hold a 4 year teaching qualification. and shall commence at Step 1 and proceed by annual increments to and including Step 10. Teachers with a Limited Authority to Teach shall be placed at Step 1 of the schedule in this sub clause in their first year and proceed by annual increments to Step 8:

19 Step 9 Dec 2011 With leave loading 1 Dec % With leave loading 1 Dec % With leave loading 1 $45,856 $46,471 $47,691 $48,331 $49,718 $50,385 2 $48,643 $49,296 $50,589 $51,268 $52,740 $53,448 3 $52,176 $52,876 $54,264 $54,992 $56,571 $57,330 4 $55,119 $55,859 $57,324 $58,093 $59,761 $60,563 5 $57,300 $58,069 $59,592 $60,392 $62,125 $62,959 6 $60,737 $61,552 $63,167 $64,015 $65,852 $66,736 7 $64,606 $65,473 $67,191 $68,093 $70,047 $70,987 8 $70,705 $71,654 $73,534 $74,521 $76,660 $77,689 (e) (f) (g) Teachers holding the qualifications as outlined in paragraph of this subclause plus a second or higher degree as outlined in paragraph (g) of this clause shall be credited with an extra year s experience for salary purposes. For the purpose of this subs clause, a second or higher degree shall include a graduate diploma or a degree at honours level. The term Degree or Diploma will be deemed to include equivalent qualifications. In the event of a dispute the matter may be referred to the Teachers Registration Board of Western Australia. The qualifications referred to in paragraph (3)(g), shall be determined by agreement through the Teachers Registration Board. A teacher who obtains a second, or higher degree shall be credited with one extra year's experience for salary purposes. For the purpose of this subclause, a second or higher degree shall mean to include a graduate diploma or a degree at honours level. (h) The ASC will adopt the Graduate Allowance from 1 January 2009, modelled on the Department of Education of Western Australia Graduate Allowance, which at 1 January 2009 was $1,600 per annum. (4) Part-time and part-time temporary teachers shall be paid in accordance with this Agreement for duties performed in proportion to the time those duties bear to an ordinary full-time teaching week. Schools may vary the hours of employment of part-time teachers or the subjects to be taught on an annual basis, with notice of such variations to be given as per this Agreement. The number of periods taught by a part-time teacher, expressed as a percentage of the normal full-time teaching load, will be used to calculate salary, provided that the part-time teacher receives no more than a comparable proportion of entitlements and duties. In engaging a part-time teacher, the Schools acknowledge that such teachers may wish to seek other employment and agree to negotiate a reasonable spread of hours of duty which, as far as practicable, suit the circumstances of the teacher and the timetabling constraints of the School.

20 (e) Part time teachers will progress through the salary steps in Annual increments. (5) Relief teachers shall be paid at the rate of salary appropriate to their qualifications and experience on a half daily, daily or weekly basis of annual salary divided by 400, 200, or when on a weekly basis the annual salary divided by 40. A half day is determined as half the number of periods in a particular school day, worked consecutively. (6) By this agreement the parties commit to provide clarification to placement on salary steps by the following: (e) Reassess teacher s salary step effective 29 January 2013, to ensure all teachers are being paid at the appropriate salary step as per Appendix 2 of this Agreement, taking into account: (i) (ii) Actual years of teaching experience, and Applying the actual years of teaching experience to the current entry step determined by qualifications on the salary scale Adjust salaries where required effective from 29 January 2013; and Ensure all teachers will receive their annual increment on their anniversary date. If a teacher was not on the appropriate salary step then their step and salary will be adjusted and the adjusted salary paid effective from 29 January Payment will be made to teachers affected following acceptance of this Enterprise Bargaining Agreement. (7) PROMOTIONAL ALLOWANCES A teacher appointed to a promotional position in a primary or secondary school shall be placed within one of the following promotion levels in accordance with the duties as prescribed. Promotional Level 1 The management of a major department, for example, secondary English, or an equivalent responsibility, for example, in the pastoral care of students or coordination of staff or curriculum. Promotional Levels 2, 3 and 4 The levels assigned will recognise the gradation of responsibilities which apply within a school among various promotional positions. For example, for promotional Level 2: the management of a small department or an equivalent level of responsibility. For example, for promotional Level 3: second in charge of a major department, or an equivalent level of responsibility.

21 For example, for promotional Level 4: co-ordinator of a subject, i.e., subject teachers with minimal supervision of other staff, or an equivalent level of responsibility. All allowances relating to promotional positions are minima. The scale of promotional allowances paid shall be based on the promotional level as determined in paragraph of this subclause and the category as defined in paragraph of this subclause. In determining the category applicable to the School reference shall only be made to the number of students for which the teacher has responsibility. The category shall be determined as follows: (i) Category A: Sub-School (eg Primary / Junior / Middle / Senior) or Section of the School (eg Secondary / Primary), depending on the structure adopted by the School, above 600 full-time equivalent students. (ii) Category B: Sub-School School (eg Primary / Junior / Middle / Senior) or Section of the School (eg Secondary / Primary), depending on the structure adopted by the School, between 300 and 600 full-time equivalent students. (iii) Category C: Sub-School School (eg Primary / Junior / Middle / Senior) or Section of the School (eg Secondary / Primary), depending on the structure adopted by the School, below 300 full-time equivalent students. (e) (f) The allowance payable for a promotional position shall be as set out in sub clause (3) of this clause: Effective from the date of the Agreement the rates for promotion positions prescribed in paragraph (6) of this Clause shall be: (i) in a Category A Sub-School or Section of the School a person exercising equivalent responsibility (Level 1) shall receive a minimum salary as follows: From 9 Dec 2011 From 1 Dec 2012 From 1 Dec % 4% 4.25% Year 1 $99,056 $103,019 $107,398 Year 2 $103,056 $107,179 $111,735 Year 3 $105,849 $110,083 $114,762 Year 4 $108,719 $113,068 $117,874

22 (ii) teachers in other promotion positions shall receive a minimum allowance as follows: From 9 December 2011 Level Category A Category B Category C 1 As Above $12,308 $9,347 2 $9,531 $8,051 $6,478 3 $6,848 $5,737 $4,627 4 $4,072 $3,424 $2,776 From 1 December 2012 Level Category A Category B Category C 1 As Above $12,801 $9,721 2 $9,914 $8,374 $6,739 3 $7,123 $5,968 $4,814 4 $4,236 $3,561 $2,889 From 1 December 2013 Level Category A Category B Category C 1 As Above $13,346 $10,135 2 $10,336 $8,730 $7,026 3 $7,426 $6,222 $5,019 4 $4,417 $3,713 $3,012 (g) While maintaining in general the promotion structure described in this Agreement, the Schools shall have the discretion to adapt this structure to meet their educational needs. The normal process of appointment to promotional positions will be followed. (7) In the event of any safety net adjustment being applied to the Award, such adjustment shall be absorbed into the salary rates prescribed by this Agreement. (8) Nothing in this clause shall increase workloads or decrease entitlements that existed prior to this agreement. (1) Playground Supervision 18 - AGREED EFFICIENCY IMPROVEMENTS Where a teacher is required to undertake lunchtime supervision, such duty shall be so rostered as to allow a fair and reasonable meal break. (2) Workloads The Anglican Schools Commission will continue a broad process of consultation with all teaching staff and the Union to review the policy on workloads, including class sizes. The outcomes from these negotiations will be included as part of the workloads policy. There will be no increases in workloads or class sizes over the period of the Agreement. The parties agree to review the Workloads Policy during the life of this Agreement

23 c) The policy will be informed by the general principles: curriculum and co-curricular demands on teachers will be reasonable and all other duties will be allocated on a fair and equitable basis, and take into account their health and well-being. the overall health and viability of the Anglican Schools Commission System should not be undermined by decisions relating to workloads and class sizes. (3) First Teaching Appointment A teacher appointed to his/her first teaching appointment in an ASC school shall be regarded as being on probation for 12 months. From 1 January 2015 a 1 st year Graduate Teacher will be provided with the equivalent (averaged over a term) of one additional DOTT period per week. The mentor to the Graduate teacher will also receive the equivalent of an additional DOTT period per week (averaged over a term). Contingent on the teacher completing a satisfactorily performance appraisal as per clause 2 (1) of Appendix 1 Induction of this Agreement, which encompasses all aspects of teaching in a School of the ASC the teacher will be granted permanent status. If the performance appraisal is not satisfactory, the teacher may: (i) have his/her appointment on probation extended for a further 12 months and be subject to ongoing appraisal as per clause 2 (1) of Appendix 1 Induction of this Agreement, or (ii) have his/her appointment terminated on 6 weeks notice to take effect from the close of business at the end of school term, or payment in lieu thereof (e) If during the extended period of probation the performance appraisal remains unsatisfactory the teacher may be terminated in accordance with Clause 9 (2) of this Agreement. (4) The Head of a major department or a person exercising an equivalent responsibility, as determined by the Principal, shall undergo regular performance appraisal. The appraisal process will be determined by the Principal according to the needs of the individual school, having regard to the principles outlined in Appendix 1 of this Agreement. Appraisal is to be based on a formal position specification authorised by the Principal. Heads of all major departments are to be available for School meetings for up to five working days per annum during School vacations, as determined by the Principal in consultation with the staff concerned.